Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Drawings
The drawings are objected to because Figures 1 and 2 both illustrate a section of the rear frame in what appears to be a cut-away view. In particular, the cut away surface denoted by number ‘11’ in Figure 2 appears to be illustrating a cut-away section of the rear of the vehicle. In any case, Figures 1 and 2 do not provide sufficient detail for one of ordinary skill in the art to determine what relationship is being shown between at least elements 11, 12a, 24 and 31.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
As concerns claim 1, the phrase “wherein the coupling wall portion includes
a wave plate portion having a wave shape in the vehicle body front-rear direction, and
a parallel rib formed on the wave plate portion to be parallel to the paired opposed wall portions” is indefinite, at least because of the inconsistent use of the term “portion” to define various features of the invention’s die-cast structure.
Applicant’s invention is intended to be a monocoque / die-cast structure of a single piece of aluminum according to Paragraph [0010] of the specification. In that way, the vehicle frame is claimed with several so-called ‘portions’ (e.g. ‘paired opposed wall portion’, ‘coupling wall portion’, and ‘wave plate portion’).
The claimed ‘parallel rib’ appears to also be a portion, however as currently claimed, is presented as an additional, separate element while simultaneously being included by the coupling wall portion (claim 1, line 5). This renders the claim, and those that depend on it, indefinite.
A suggested correction would be to apply the term ‘portion’ or ‘portions’ where appropriate, to the end of ‘parallel rib’ in order to remedy the ambiguity.
As concerns claim 9, the claim recites “further comprising a flat plate portion spanning outer end portions, in the vehicle body front-rear direction, of the paired opposed wall portions and the coupling wall portion.” According to Applicant’s specification, at least Paragraphs [0032] and [0033] disclose wherein the flat plat portions 14 and 24, as shown in figures 2 and 5, span in the vehicle width direction, not vehicle body front-rear direction, as it appears to be currently claimed.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, and 9 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Courtright et al (CN 204775528).
Courtright et al (CN 204775528) discloses:
1. A vehicle frame structure comprising:
paired opposed wall portions (Courtright - annotated) extending in a vehicle body front-rear direction; and
a coupling wall portion (Courtright - lower trough portions of 16) extending in the vehicle body front-rear direction and coupling the paired opposed wall portions (Courtright - annotated) to each other,
wherein the coupling wall portion (Courtright - lower trough portions of 16) includes
a wave plate portion (Courtright - raised portions of 16, extending front to rear of vehicle) having a wave shape in the vehicle body front-rear direction, and
a parallel rib (Courtright - all raised portions are parallel) formed on the wave plate portion (Courtright - raised portions of 16, extending front to rear of vehicle) to be parallel to the paired opposed wall portions (Courtright - annotated).
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(Examiner’s note: the term ‘frame’ in the case, is being viewed under the broadest reasonable interpretation to include instances where a so-called ‘unibody’ construction vehicle would have its body and frame as a singular entity.)
2. The vehicle frame structure according to claim 1, wherein at least one of outer end portions, in the vehicle body front-rear direction, of the opposed wall portions and the parallel rib (Courtright - all raised portions are parallel) is a gradual change portion whose standing height from an amplitude center of the wave plate portion (Courtright - raised portions of 16, extending front to rear of vehicle) decreases toward an outer side in the vehicle body front-rear direction. (Courtright illustrates wherein the front and back of the parallel rib portions gradually change to match the lower surface of 16.)
3. The vehicle frame structure according to claim 2, wherein an outer end portion, in the vehicle body front-rear direction, of the wave plate portion (Courtright - raised portions of 16, extending front to rear of vehicle) becomes closer to the amplitude center while extending outward in the vehicle body front-rear direction. (Courtright illustrates only a single wave form, with a low point at the rear of the truck bed and a singularly maintained high point across the majority of the truck bed, then a low point again at the front. Each raised wave-like section incorporates a beveled edge along the vehicle side directions which connects the high and low amplitudes, thus passing the amplitude center of the wave.)
4. The vehicle frame structure according to claim 2, wherein the standing height of an outer end portion, in the vehicle body front-rear direction, of the gradual change portion from the amplitude center of the wave plate portion (Courtright - raised portions of 16, extending front to rear of vehicle) is equal to or smaller than an amplitude of the wave plate portion (Courtright - raised portions of 16, extending front to rear of vehicle). (Courtright Figure 2 illustrates wherein the outer end portion of the wave plate portion is the same height as the wave plate portion itself.)
5. The vehicle frame structure according to claim 1, wherein the parallel rib (Courtright - all raised portions are parallel) is formed on both surfaces of the wave plate portion (Courtright - raised portions of 16, extending front to rear of vehicle). (As 16 is a plate, the upper and lower surfaces feature the claimed ribs. In other words, the bottom surface is the negative of the top surface. See Figure 3.)
9. The vehicle frame structure according to claim 1, further comprising a flat plate portion spanning outer end portions, in the vehicle body front-rear direction, of the paired opposed wall portions (Courtright - annotated) and the coupling wall portion (Courtright - lower trough portions of 16).
Claims 1-5, 7 and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Ral et al (WO 2022/031991).
Ral et al (WO 2022/031991) discloses:
1. A vehicle frame structure comprising:
paired opposed wall portions (Ral - annoated) extending in a vehicle body front-rear direction; and
a coupling wall portion (Ral - 505B) extending in the vehicle body front-rear direction and coupling the paired opposed wall portions (Ral - annoated) to each other,
wherein the coupling wall portion (Ral - 505B) includes
a wave plate portion (Ral - 505B) having a wave shape in the vehicle body front-rear direction, and
a parallel rib (Ral - 510B) formed on the wave plate portion (Ral - 505B) to be parallel to the paired opposed wall portions (Ral - annoated).
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(Examiner’s note: under the broadest reasonable interpretation, a parallel rib (Ral - 510B) formed on the wave plate portion (Ral - 505B) is parallel to the paired opposed wall portions (Ral - annotated), in this case, as the ribs of the rib portion are parallel to each other and are spaced in a direction parallel to the opposed wall portions.)
2. The vehicle frame structure according to claim 1, wherein at least one of outer end portions (Ral – front and/or rear outer edge of the annotated wall portions), in the vehicle body front-rear direction, of the opposed wall portions and the parallel rib (Ral - 510B) is a gradual change portion whose standing height from an amplitude center of the wave plate portion (Ral - 505B) decreases toward an outer side in the vehicle body front-rear direction.
(See Ral, Figures 5 and 6, the undulations of the wave plate portion appear to be greatest in the center near the citation of 505B, and taper off as you extend forward and/or rearward therefrom.)
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3. The vehicle frame structure according to claim 2, wherein an outer end portion, in the vehicle body front-rear direction, of the wave plate portion (Ral - 505B) becomes closer to the amplitude center while extending outward in the vehicle body front-rear direction.
(See Ral, Figures 5 and 6, the undulations of the wave plate portion appear to be greatest in the center near the citation of 505B, and taper off as you extend forward and/or rearward therefrom.)
4. The vehicle frame structure according to claim 2, wherein the standing height of an outer end portion, in the vehicle body front-rear direction, of the gradual change portion from the amplitude center of the wave plate portion (Ral - 505B) is equal to or smaller than an amplitude of the wave plate portion (Ral - 505B).
(See Ral, Figures 5 and 6, the undulations of the wave plate portion appear to be greatest in the center near the citation of 505B, and taper off as you extend forward and/or rearward therefrom.)
5. The vehicle frame structure according to claim 1, wherein the parallel rib (Ral - 510B) is formed on both surfaces of the wave plate portion (Ral - 505B).
(Ral – Figure 6 illustrates ribs on both sides, upper and lower, of the wave plate portion.)
7. The vehicle frame structure according to claim 1, wherein the vehicle frame structure is a rear side frame arranged below and behind a wheel house on a vehicle width direction inner side of the wheel house, and includes a sub-frame attachment portion (Ral – Figure 6 illustrates a sub-frame attachment portion to Applicant’s, located forward of the section in question) to which a sub-frame is attached, and the wave plate portion (Ral - 505B) is arranged behind the sub-frame attachment portion. (Ral - Figures 5 and 6 illustrate such placement)
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9. The vehicle frame structure according to claim 1, further comprising a flat plate portion (See Figure 6 below) spanning outer end portions, in the vehicle body front-rear direction, of the paired opposed wall portions (Ral - annoated) and the coupling wall portion (Ral - 505B).
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10. The vehicle frame structure according to claim 1, wherein the vehicle frame structure is formed by an aluminum die-casting method. (Ral – Paragraph [0029])
Allowable Subject Matter
Claims 6 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As concerns claim 6, Courtright illustrates the vehicle frame structure according to claim 1, wherein the vehicle frame structure includes
one or more of the parallel ribs (Courtright - all raised portions are parallel) aligned in a vehicle width direction (At least Figures 1-2).
Neither Courtright, Ral, nor any additionally cited art of record teaches or fairly suggests, alone or in combination, inter alia, wherein an interval between each adjacent two of the paired opposed wall portions and the one or more of the parallel ribs increases toward an inner side in the vehicle body front-rear direction.
As concerns claim 8, Ral discloses the vehicle frame structure according to claim 7, further comprising
a panel portion (Ral – Figure 5) arranged behind the wheel house,
wherein the paired opposed wall portions (Ral – Figure 5) are aligned in the vehicle width direction, and
the panel portion extends outward in the vehicle width direction from the opposed wall portion on a vehicle width direction outer side.
Neither Ral nor any additionally cited art of record teaches or fairly suggests, alone or in combination, inter alia, wherein the panel portion also has a wave shape with a phase identical to that of the wave plate portion.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON L LEMBO whose telephone number is (571)270-3065. The examiner can normally be reached Monday-Friday, 7am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached on (571) 272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON L LEMBO/
Primary Examiner
Art Unit 3679
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